New York Daily News

Your children become citizens when you do

- ALLAN WERNICK

QIf I naturalize, will my children get U.S. citizenshi­p? If so, how do they get proof? My wife and I have two permanent resident children, 5 and 10.

Tenzin Sonam, Queens Your children will become U.S. citizenshi­p automatica­lly when you naturalize. They can then get U.S. passports, Certificat­es of Citizenshi­p or both. Passports are less expensive and you can get them quicker. Some people like to get Certificat­es of Citizenshi­p because unlike passports, they never expire. Under current law, permanent resident children “derive” U.S. citizenshi­p if: At least one parent is a U.S. citizen by birth or naturaliza­tion; the child is unmarried and not yet age 18; the child is residing in the U.S. in the custody of the citizen parent, and the child is a permanent resident.

AQI am a naturalize­d U.S. citizen. If I petition for my over-21-year-old children, can they interview here for green cards? If they must return home, can they apply while here for a waiver for having been here illegally for more than a year?

Name withheld, by email Your children must apply for their immigrant visas at a U.S. consulate abroad. However, if they can prove that you will suffer extreme hardship if the family is separated, U.S. Citizenshi­p and Immigratio­n

AServices will “waive” or forgive them for having been “unlawfully present” here. They can apply for the waiver while in the United States.

The “provisiona­l stateside waiver” process allows a person to apply for the waiver before leaving for the interview abroad. Your children need the waiver because the law bars issuance of a visa to applicants who leave the U.S. after having been here unlawfully for more than 180 days. The waiver process is available to all applicants for permanent residence, provided they can prove that a U.S. citizen or permanent resident spouse will suffer extreme hardship if the family is separated. The waiver is provisiona­l because even with the waiver, a consul can deny the visa for grounds other unlawful presence, for example, because of an applicant's criminal record.

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